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In theory, any court can decide this, but only the decisions of the US Supreme Court are binding in regards to the US Constitution (for State constitutions, the state's Supreme Court is generally the final arbiter... the US Supreme Court might rule that a particular provision in a state's constitution is not compatible with the US constitution, but usually will let the state court decide for itself in strictly internal matters.)
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What is the power of the judicial review?
Over the years, laws have been passed that have later been considered unconstitutional. Laws about segregation and discrimination are good examples. This power allows courts to decide whether a law or presidential action is in agreement with the Constitution. The Supreme Court holds the ultimate authority to make this decision. If a court decides that a law conflicts with the court Constitution, that law is declared unconstitutional.
What is an example of unconstitutional law?
Portions of the Patriot Act were declared unconstitutional in 2004 See http://www.cnn.com/2004/LAW/01/26/patriot.act.ap/ That's at the federal level. State laws can be declared so also. See http://www.keystonepolitics.com/story/aroundcapitol/expanded-state-hatecrimes-law-declared-unconstitutional One of the roles of the appeals courts and supreme courts at both the state and federal level is to rule on the constitutionality of a law.
What is one way the president can check the powers of the supreme court?
Courts can judge legislative acts to be unconstitutional. This means that the Supreme Court can say that a law that the Senate has passed is unconstitutional.
How can federal courts check the president's power?
The federal courts can check the Presidents power by that courts can declare executive actions unconstitutional.
Can federal courts refuse to enforce a state or federal statute that violates the US Constitution?
The courts have no power of enforcement; they can declare a statute unconstitutional and render it unenforceable, but they require the Executive Branch (President or Governor) to provide actual enforcement.
When can a federal courts strike down a state or federal law?
When the law is deemed unconstitutional.
What is the supreme courts ability to declare a law unconstitutional?
Checks and balances
Can an arbitrator declare a law unconstitutional?
No, that is a power reserved for the courts of the Judicial Branch.
Can US District Court decide if a law is unconstitutional?
Yes, US District Courts can, and do, declare laws unconstitutional. Any court can declare a law unconstitutional if the law is relevant to a case they're trying or reviewing; however, the government would probably appeal the case all the way to the Supreme Court to get a definitive answer. The US Supreme Court is the ultimate arbiter of constitutionality, and has final authority over questions of constitutionality.
What power did marbury vs Madison give to the courts?
The power to declare a law unconstitutional (Judicial Review).
What is the power of the judicial review?
Over the years, laws have been passed that have later been considered unconstitutional. Laws about segregation and discrimination are good examples. This power allows courts to decide whether a law or presidential action is in agreement with the Constitution. The Supreme Court holds the ultimate authority to make this decision. If a court decides that a law conflicts with the court Constitution, that law is declared unconstitutional.
How do the federal courts check the US President?
If the President (representing the Executive Branch of government) signs a piece of legislation into law, the federal courts (representing the Judicial Branch of government) can find it unconstitutional - or - alter the unconstitutional aspects of it, in its application.
What is an example of unconstitutional law?
Portions of the Patriot Act were declared unconstitutional in 2004 See http://www.cnn.com/2004/LAW/01/26/patriot.act.ap/ That's at the federal level. State laws can be declared so also. See http://www.keystonepolitics.com/story/aroundcapitol/expanded-state-hatecrimes-law-declared-unconstitutional One of the roles of the appeals courts and supreme courts at both the state and federal level is to rule on the constitutionality of a law.
How does the judges decide if something is unconstitutional?
The Supreme Court has the unwritten policy of judicial review. This means that they can check amendments and bills that the other two branches of the federal government suggest. If a law seems to be unconstitutional, and not written in the constitution, the Supreme Court can decide it is unconstitutional.
What is one way the president can check the power on the supreme court?
Courts can judge legislative acts to be unconstitutional. This means that the Supreme Court can say that a law that the Senate has passed is unconstitutional.
What is one way the president can check power of the supreme court?
Courts can judge legislative acts to be unconstitutional. This means that the Supreme Court can say that a law that the Senate has passed is unconstitutional.
What is the one way the President can check the power of the Supreme Court?
Courts can judge legislative acts to be unconstitutional. This means that the Supreme Court can say that a law that the Senate has passed is unconstitutional.
